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Bombay High CourtAPPLN/3282/2016disposed off

Varsha W/O Ashok Tribhuwan v. The State Of Maharashtra

2016-08-01Hon'Ble Shri Justice Nitin W. Sambre4 pages

1 Cri. Appln. 3282-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3282 OF 2016 Varsha W/o Ashok Tribhuwan Age : 32 years, Occu. Household, R/o. Rahul Nagar, Railway Station, Aurangabad .. Applicant Vs.

The State of Maharashtra Through Satara Police Station, Aurangabad .. Respondent .....

Mr. S.R. Sapkal, Advocate for the applicant Mr. C.V. Dharurkar, APP for the respondent-State Mr. S.P. Tilve, Advocate to assist APP ......

CORAM : N.W. SAMBRE, J.

DATE : 01/08/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking bail in Crime no.165 of 2016 registered at Satara Police Station, Dist. Aurangabad for the offences punishable under section 498-A, 306 r/w. 34 of the Indian Penal Code.

2 Cri. Appln. 3282-2016 3.

Complainant Shobha's daughter - Radha was married in the year 2008 with Santosh Tribhuwan, who was having a brother by name Ashok Tribhuwan. The applicant is the wife of Ashok Tribhuwan.

4.

Shobha alleged in her FIR, lodged on May 26, 2016 that her daughter Radha has committed suicide, which was abetted by the present applicant, resulting into registration of crime no.165 of 2016 punishable under section 498-A, 306 r/w. 34 of the Indian Penal Code.

5.

It is required to be noted that Radha committed suicide by hanging herself. She initially suffocated her three daughters by executing them to death and then committed suicide.

6.

Perused FIR dated 26/5/2016 and the complaint lodged by the complainant to the Commissioner of Police on June 13, 2016.

3 Cri. Appln. 3282-2016 7.

The applicant was arrested on 27/5/2016. Investigation qua the applicant's role appears to be complete and her custodial detention, in my opinion, is not required, particularly, when she is a lady. 8.

Apart from above, she is very much available for the prosecution.

9.

In view of above, the following order:- 10.

The applicant be released on bail in Crime no. 165 of 2016 registered with Satara Police Station, Dist. Aurangabad for the offences punishable under section 498-A, 306 r/w. 34 of the Indian Penal Code, upon her executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount.

11.

The applicant shall not tamper with the prosecution evidence or influence the witnesses in any manner.

4 Cri. Appln. 3282-2016 12.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-